Sole heir but there is an appointed executor

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Hi everyone. My father is a German (died 5 months ago) & my mother is a Filipina. On my father's last will, he stated that I am the sole heir but I can only manage his fortune when I reach 30 years old. I am only 22 years old now so I still have to wait for 8 years. My father also appointed an old friend as executor.

Is there any way wherein I can get my father's inheritance without waiting for 8 years? :(

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You could consult a lawyer and challenge the will, but AFAIK your only hope is if you could prove that he was mentally incompetent at the time he made the will. So you'd likely be wasting your money.

My wife's childless, widowed aunt died about 10 years ago and left everything to her and her 3 siblings - but according to the will, they don't get anything until they're 60 (yes, my wife's childless aunt was one batshit crazy lady).

Good luck.

P.S. I'm not a lawyer and the above should not be construed as definitive legal advice

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I think you could try asking for your Pflichtteil straightaway, which would be half of your normal inheritance, i.e. half of what you would get if your father hadn't left a will and therefore "legal" inheritance rules (= gesetzliche Erbfolge) had been observed.

So, if for example, your mother was married to your father at the time of his death or if there were more children, you get a smaller share of the inheritance as your Pflichtteil.

But this may mean losing the rest of the inheritance, so you would really have to ask a lawyer specialised in inheritance law in order to be sure what the consequences are.

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Don't waste your money. You'd be surprised how short the years between 22 and 30 are. Enjoy your life and look forward to getting your inheritance at a time when you will really need it.

However, make sure the inheritance is properly managed and put in trust. Some people don't like being Executors and may neglect their duties - you want that money to be growing while you wait for it, not dwindling away in a current account or a falling down house.

If your Executor doesn't give you a satisfactory account of what is happening with the property, it might be worth hiring your own lawyer for a second opinion.

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Yes I am the only child. Though my father also stated on his last will that I receive monthly payments from the bank (EUR 350) because I'm here in the Philippines. I will receive remittances until the age of 30.

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I just want to know if there is any way where I can get something now so that I can start my own business. I need the money to grow because I already have a daughter, & of course I don't want my father's money be wasted. I know that he did all of this for my future.

They said that they will sell 2 properties to avoid monthly taxes. 1 unit is my father's former household & the other one is for renting purposes before my father died.

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I may be completely wrong as I don't know you or your circumstances, but why do you say you don't want your father's 'money to be wasted'? Do you not trust the executor, or is it that you just want the money now for whatever purpose? Perhaps your father wanted you to reach maturity and have some sense of responsibility prior to coming into your inheritance? Bottom line though, if your father was of sound mind, then I personally feel it disrespectful of you to try and circumvent his dying wish.

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My wife's childless, widowed aunt died about 10 years ago and left everything to her and her 3 siblings - but according to the will, they don't get anything until they're 60 (yes, my wife's childless aunt was one batshit crazy lady).

Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

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@hams: not for just whatever purpose. Like what I've said, I already have a daughter. So I wanted to buy a house for my family & of course, for her education too. I have realized that too, that my father wanted me to be mature enough before handling such money & I respect that too. I won't protest to get everything though, just a little for me to start a good life.

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B. if the executor refuses or cancels his appointment and the will does not explicitly appoint another executor or states that the probate court should appoint one, the executorship might be over and you could do whatever you want

C. talk to a lawyer

D. If you want to do what Pandamunich explained (Pflichtteil) you have to act fast. In order to be able to claim your Pflichtteil, you will first have to renounce your inheritance. As you are not living in germany you have 6 months to do so, starting at the earliest from when you got a copy of the will from the probate court.

p.s. by the way d is only possible due to special circumstances in this case, usually if you renounce your inheritance you have no right to claim a pflichtteil

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Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

No, she wanted to punish them for "never visiting her", although they visited her at least once a year. She also claimed that my wife never invited her to our wedding - at the time, she declined the invitation because the reception was going to start at 5 p.m., which she claimed was much too late.

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I'm with hams.. You should respect your father's wishes and wait it out. As well as being more mature, he probably wanted you to make it on your own first so that you would appreciate what he has left for you. Consider how you think he would feel if he knew that you were trying to find a way around his wishes?

Also, be thankful that he left anything behind for you to inherit that wasn't debt. You are not missing out on anything.. what if your father was still alive? You would have to do it all on your own, just as you are now.

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I also think wanting the money now for 'a good life' is very immature, not to mention extremely disrespectful of your father's memory and dying wish. Make your own way in life and don't rely on what others did with theirs!

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If a executor is named in the testament you can renounce your heritage AND then claim your Pflichttteil . One of several cases in which this procedure can be applied.

Still can't follow, do you mean that if you are unhappy with the executor that you can renounce your heritage and still be able to claim your Pflichtteil? Otherwise renouncing your heritage means that you don't want it. AFAIK the only sane reason for renouncing your heritage is to avoid inheriting debts.

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Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

My thoughts exactly. I bought a car the reast not a damn clue 15 years later. I wish mine would have been held to 30 and not given to a clueless 18 year old (referencing myself not suggesting op is clueless). The retirement age bit is a great idea.